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Appeal to condemn against the abuses of political rights in Nepal

                                                                                                       14 May2003            

Informal Sector Service Centre (INSEC), a leading national level NGO working in the field of human rights for the last fifteen years in Nepal focusing on the protection and promotion of human rights, is deeply concerned of the ill treatment, abuses and violations of human rights during the ongoing political agitation by the major political parties against the royal drive of October 4 last year. 

Background
The monarch, King Gyanendra, through a declaration on 4 October 2002, dissolved the elected government headed by PM Sher Bahadur Deuba and retained executive power of the State on him. The pro-parliament political parties, the Communist Party of Nepal (Unified Marxist-Leninst), the Nepali Congress, Rastriya Prajatantra Party, People’s Front, Nepal, Nepal Sadbhawana Party  (Ananda Devi) and Nepal Workers and Peasants’ Party, have been flaying the royal declaration from the very beginning labelling it unconstitutional along with a demand to correct it. They held a public meeting on 4 May 2003 in the capital, Kathmandu, and declared a weeklong (phase I) peaceful agitation against the royal drive. They have been going through the second phase of peaceful move now.   

The Incident
Over one hundred persons were injured as the State exerted force through police upon the demonstrators of peaceful rallies organised by the parties on 11 May 2003 throughout the country. 

Top leaders of different political parties were also severely injured by the State force (police) in the capital including CPN-UML central member Pradip Gyawali and central spokesperson of Nepali Congress Party Arjun Narasingh K. C. while they were leading peaceful demonstrations of their respective parties at Ratna Park, Kathmandu on 11 May 2003. K. C had his right hand broken and Gyawali sustained a severe injury on his head. 

Those who received minor injuries in the lathicharge include CPN-UML central members Amrit Bohara and Keshav Badal; All Nepal Peasants’ Association (ANPA) General Secretary Prem Dangal and member of the party’s extra-curricular activities Roop Narayan Shrestha and Prem Krishna Pathak, among hundreds of party workers cutting across all the five parties, currently holding peaceful activities.

The police also raided the office of the All Nepal National Free Students Union (ANNFSU) office and rounded up leading activists of the student organisation. The condition of Prakash Neupane and Sri Prasad Shah is critical.

Political parties in a parliamentary system have a legitimate and constitutional right to oppose, expose and if necessary, depose a government. The preamble of the Constitution of the Kingdom of Nepal, 1990 has incorporated multiparty democracy, constitutional monarchy, and parliamentary system of government, adult franchise and guarantee of fundamental rights as its inalienable contents. The use of force against the peaceful demonstration by political parties for the same is unjust. Such a practice will enhance only the chances of confrontation and leading to the possibilities of human rights violations. Similarly the use of force by the police at the behest of the present government demonstrates that the government believes in repression.  It is feared that it may derail the recently initiated peace process in the kingdom. 

The Constitution of the Kingdom of Nepal, 1990 has enshrined the Right to Freedom in Article 12 (2) as, ‘All citizens shall have the right to assemble peaceably and without arms’.

The act of the State to injure the persons while participating a peaceful political activity is inconsistence with the Article 20 of the Universal Declaration of Human Rights, 1948. “Everyone has the right to freedom of peaceful assembly and association”. 

Article 21 of the International Covenant on Civil and Political Rights, to which Nepal is a State party, has recognised the right of peaceful assembly. The article explains, ‘No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security...’

Many of the persons participating in the political activity were arrested. No law of the land permits the State authority to enjoy such right.

Reminding that human rights have no borders, we would like you to express solidarity on behalf of you and your organisation against the use of State force violating the rights to peaceful assembly and freedom of expression and right to take part in political activities. We strongly believe that such an act of collective effort for human rights will certainly exert pressure on the government of Nepal to fully respect human rights and to initiate an impartial inquiry into the violations perpetrated against the political personalities to hold accountable the offenders involved in the arrest and torture.   

Subodh Raj Pyakurel
Chairperson
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Appeal from INSEC to all well wishers and friends

After six months of the imposition of the state of emergency on November last year, politics in this Himalayan kingdom switched to a high voltage political drama culminating the dissolution of the 205 member House of Representatives by Prime Minister Sher Bahadur Deuba on May 22 midnight and thereby fixing the date of mid term polls on November 13.

The nation shattering move of Premier Deuba  was caused chiefly because of the long standing feud between the two factions within the ruling Nepali Congress  led by Deuba and Congress president Girija Prasad Koirala when the latter denied to support the proposal of Prime Minister to extend the state of emergency for another six months.

Both Deuba and Girija  turned out to be equally  vocal while labeling each other with hardest possible blames and defending their own arguments. The former defended that the dissolution was caused by the hindrance of his own party against his effort to bail out the nation from the terrorists while the latter charged the former for being a pawn of the reactionaries in a bid of rooting out democracy from the nation.

When Deuba returned from his visit of the United States and United Kingdom on May 15, he had categorically denied the extension of the emergency while talking to reporters in  the Tribhuvan International Airport.    

Most of the political parties were also demanding the end of the emergency as soon as possible.  A kind of atmosphere was developed that the public was sure that the emergency would not be extended.

All of a sudden, the government in an all party meeting held on May 17 sought six months extension of the emergency. As a surprise turn of events,  the all party meeting was also attended by Chief of the Army Staff General Prajjwall Sumser JB Rana, Chief of Nepal Police Pradip Sumser JB Rana and Chief of the Armed Police Force Krishna Mohan Shrestha who expressed their intention in the meeting that the extension of the state of emergency would help them containing the terrorists. Then, the government registered a proposal in the parliament for the extension of the state of emergency for another six months.

Meanwhile, Central Working Committee of ruling Nepali Congress passed a proposal to direct the Prime Minister to withdraw the proposal of the state of emergency from the parliament. The party also issued a  letter to Prime Minister Deuba seeking clarification from him within 24 hours why he had not consulted the party before seeking emergency extension.

Premier Deuba who came down heavily against the Party’s move in the CWC meeting went straight to the Royal Palace after the party meeting and thereby submitted the recommendation for the dissolution of the House of Representative even without giving a smallest hint to his close confidantes.

Three ministers including the Finance Minister Ram Sharan Mahat, Minister for Youth Sports and Tourism Amod Prasad Upadhyay and Minister for  Women and Social Welfare Rajendra Kharel resigned from their posts in protest of Deuba move alleging  that he did not trusted them for not giving a hint of the dissolution of the parliament.

Buoyed by the unexpected dissolution of the Parliament Deuba, Congress President  GP Koirala suspended the Deuba from primary membership of the party and also asked to furnish explanations within three days regarding his dissolution of the House of Representatives and call for the November 13 fresh polls. Even as Deuba furnished the clarifications, the furious Koirala expelled Deuba from the primary membership of the party for three years.

After these all developments, the ruling Nepali Congress is in the verse of separation. Influential Congress leader Home Minister Khum Bahadur Khadka is reported to have said in a programme, “I will be coming among the people for the elections with the flag of Nepali Congress or any other flag.”  However, several attempts are also being made to save the party from a division.

At this juncture, the election is all set to be accomplished on November 13. A lot of speculations are rife about the elections. The erstwhile main opposition party, Communist Party of Nepal Unified Marxist and Leninists CPN (UML) has officially warned that there would be constitutional crisis if the elections would not be held on time. Simultaneously, other speculations including a lot of conspiracy theories are also rife about the manner and matter of the dissolution of the Parliament. People from some quarters also warned that reactionary forces were also playing over the dissolution of the parliament. 

Further, People talking in this line also blame Prime Minister Deuba of being a part of the plot against democracy. In retaliation of this allegation, Deuba has ranked Koirala equal to the Maoist supremo Prachanda for terrorizing the country from within the party.

Therefore, the forth-coming elections are sure to be unprecedented and special kinds of elections because of the above developments in Nepalese politics. The Maoist rebels are virtually ruling many of the rural parts of the kingdom. It seems that peaceful elections will be difficult in about 30-35 districts.

However, in the most populated areas that covers approximately 40 percent of the population and many of the MPs are living, the elections seem to less violent.

INSEC as a Human Rights watchdog wants to make sure that people use their adult franchise in a free and fair manner with their free consent. But the people living under poverty line, landless people and uneducated people are vulnerable of using their voting rights either under threat or want.

In the past elections too, INSEC has been working its level best to educate the people about their franchise in a bid of ensuring their free use of voting right. From 1991, we have conducted voters’ education in every election, through our local network organizations covering all over the kingdom.

 We were leading the National Election Observation Committee (NEOC) elected from the people’s level, leading all the human rights community for the election observation. In the coming election also we will educate the voters to make them capable for electing worthy and best candidates who could safeguard democracy and Human Rights in the country.

Therefore, we appeal all our friends and the entire human rights community to extend solidarity as in the past so that people would elect right candidates who cater good governance and quality governance to breed up the young democracy in the country.